BALASUBRAMANIAN Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order passed in Check Slip No.587/XXV/N Diary No.84 in CMA.No.39/1999.

(2.) THE respondent awarded compensation for the acquisition of the land of the petitioner under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Act 31/1978). The petitioner, not being satisfied with the award of the Land Acquisition Officer and Special Tahsildar, (ADW), Omalur preferred an appeal before the Sub Court, Mettur, affixing Re.1/ - as court fee under Article 3(1)(b) of Schedule II of the Tamil Nadu Court fees and Suits Valuation Act, 1955.

(3.) THE Court Fee Examiner raised an objection in respect of payment of court fee and issued a check slip, stating that the fee payable should be commuted on the difference between the amount awarded and the amount claimed by the petitioner, as provided under Section 51 of the Tamil Nadu Court fees and Suits Valuation Act. The learned Sub Judge, Mettur, by order dated 26.11.2002, upheld the check slip issued by the Court Fee Examiner and directed the petitioner to pay the deficit court fee within three months. Challenging the order, the present Civil Revision Petition is filed.